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Hi Please can someone offer advice?
I have had 2 county court Judgements registered against me in June 2014 by a Debt Collection agency for alleged major high street bank debts. Despite knowing my correct home address, The Debt Collection company credit checked me at the current address to confirm I still live there, then credit checked my old address that I hadnt lived at for 5 years, and chose to register the county court claims against me at that OLD address so that I would have no chance of defending them. Horrendous tactics!! I only found out in July 2016 when I checked my credit file because I knew my credit was so bad with other debts I had accrued at the same time (dec 2009), that I never tried applying for credit during that time.
Background - I had a current account with "The Bank", which had a balance of £7 over drawn. I wanted to pay off the £7 and close the account but "The Bank" wouldn't allow me to because I had a standing order on that account to pay an unsecured loan for the Same Bank. The loan SO bounced and every time, I was charged for the bounce & then charged for being over drawn. By the time the default was registered on my credit file in 2010, the account was £900 overdrawn. This then somehow rose over 4 years on the correspondence I was receiving, to £8300!!!! initially I paid £1 a month towards the debt, but then once I realised what the debt was actually made up of, I began to argue against its authenticity (last £1 payment was May 2012 when I wrote to "The bank" to complain regarding their conduct).
I believe the default notices were not served correctly (if at all) AND all the correspondence i received from "The Bank" and their own internal Solicitors had so many errors on them (from wrong account numbers to balances for those accounts that had been inflated by £7,500!!) that I believed they would be hauled over the coals by the Ombudsman if they were to try and uphold this debt
I have tried to sue "the bank" for the catalogue of errors resulting in my 2 CCJs but without success because the courts ruled that whilst they are sympathetic to me over the way the Bank have dealt with my financial history - with the CCJs being registered against me by a 3rd party debt collection co, the bank are not responsible for the conduct of another unassociated firm. I haven't had the money to pay for the cost of registering another request with the courts for the CCJs to be overturned.
My life is on hold whilst my credit remains so poor. I really need to deal with these CCJs and have to decide whether:-
a) I do nothing until June 2018 to ensure everything is statute barred from my last £1 payment
b) I should apply to have the CCJs overturned now on the basis that I was not given opportunity to defend them with them being at my old address (I can prove they knew I didnt live there & credit checked both my old & current address before deciding to register the claims at an address I hadn't been at for 5 years)
or
c) accept that 3.5 years have passed now, so I am more than 50% through the CCJs being on my credit file and begrudgingly try to settle the alleged debt to at least have the CCJs show as settled.
I understand the courts may argue that after 4 years (June 2018), too much time has gone by to apply for them to be overturned. I am also concerned that even if they allow me to overturn them, as soon as they do this, The new debt collection company who have since purchased the alleged debts, will simply re-apply for a CCJ and I am re-starting the 6 year credit issue all over again.
I am feeling a massive amount of injustice but most importantly need to get my life back, because i cant move on with these CCJ's around my neck.
Please can anyone offer me some constructive advice?
thanks in advance
I have had 2 county court Judgements registered against me in June 2014 by a Debt Collection agency for alleged major high street bank debts. Despite knowing my correct home address, The Debt Collection company credit checked me at the current address to confirm I still live there, then credit checked my old address that I hadnt lived at for 5 years, and chose to register the county court claims against me at that OLD address so that I would have no chance of defending them. Horrendous tactics!! I only found out in July 2016 when I checked my credit file because I knew my credit was so bad with other debts I had accrued at the same time (dec 2009), that I never tried applying for credit during that time.
Background - I had a current account with "The Bank", which had a balance of £7 over drawn. I wanted to pay off the £7 and close the account but "The Bank" wouldn't allow me to because I had a standing order on that account to pay an unsecured loan for the Same Bank. The loan SO bounced and every time, I was charged for the bounce & then charged for being over drawn. By the time the default was registered on my credit file in 2010, the account was £900 overdrawn. This then somehow rose over 4 years on the correspondence I was receiving, to £8300!!!! initially I paid £1 a month towards the debt, but then once I realised what the debt was actually made up of, I began to argue against its authenticity (last £1 payment was May 2012 when I wrote to "The bank" to complain regarding their conduct).
I believe the default notices were not served correctly (if at all) AND all the correspondence i received from "The Bank" and their own internal Solicitors had so many errors on them (from wrong account numbers to balances for those accounts that had been inflated by £7,500!!) that I believed they would be hauled over the coals by the Ombudsman if they were to try and uphold this debt
I have tried to sue "the bank" for the catalogue of errors resulting in my 2 CCJs but without success because the courts ruled that whilst they are sympathetic to me over the way the Bank have dealt with my financial history - with the CCJs being registered against me by a 3rd party debt collection co, the bank are not responsible for the conduct of another unassociated firm. I haven't had the money to pay for the cost of registering another request with the courts for the CCJs to be overturned.
My life is on hold whilst my credit remains so poor. I really need to deal with these CCJs and have to decide whether:-
a) I do nothing until June 2018 to ensure everything is statute barred from my last £1 payment
b) I should apply to have the CCJs overturned now on the basis that I was not given opportunity to defend them with them being at my old address (I can prove they knew I didnt live there & credit checked both my old & current address before deciding to register the claims at an address I hadn't been at for 5 years)
or
c) accept that 3.5 years have passed now, so I am more than 50% through the CCJs being on my credit file and begrudgingly try to settle the alleged debt to at least have the CCJs show as settled.
I understand the courts may argue that after 4 years (June 2018), too much time has gone by to apply for them to be overturned. I am also concerned that even if they allow me to overturn them, as soon as they do this, The new debt collection company who have since purchased the alleged debts, will simply re-apply for a CCJ and I am re-starting the 6 year credit issue all over again.
I am feeling a massive amount of injustice but most importantly need to get my life back, because i cant move on with these CCJ's around my neck.
Please can anyone offer me some constructive advice?
thanks in advance
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